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The defendant's KRW 20,000,000 and its relation to the plaintiff shall be 5% per annum from August 22, 2020 to November 24, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff is a legally married couple who completed a report of marriage with C on January 15, 2019, and has maintained the marital life until now.
B. From March 2019, the Defendant maintained an inappropriate relationship, such as having a sexual intercourse with a person who is aware that C is a legally spouse, or sending his/her her b body photograph to C, with the knowledge that C is a legally spouse.
C. On September 2019, the Plaintiff confirmed the message exchanged between C and the Defendant through the Twitter of C, and became aware of C and the Defendant’s misconduct.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. Determination
A. In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof, and infringing on a spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort.
(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). B.
According to the above facts of recognition, the defendant committed an unlawful act with knowledge that the plaintiff's spouse is a legally spouse, thereby infringing on the plaintiff's communal life or interfering with the maintenance thereof, infringing on the plaintiff's spouse's right as the plaintiff's spouse, and thereby infringing on the plaintiff's right as the plaintiff's spouse. It is obvious in light of the rule of experience that the plaintiff suffered considerable mental suffering, and thus,
Furthermore, with regard to the amount of consolation money that the defendant is liable for, the amount of consolation money that the defendant is liable to compensate shall be comprehensively considered in light of the health class, the marriage period and family relationship of the plaintiff and C, the specific contents, period and degree of fraudulent act, the influence of the fraudulent act on the plaintiff's marital life, the defendant's position and attitude, and other circumstances shown in the oral argument.